Privacy

Tonal Systems, Inc. wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect:

Through our website at www.tonal.com (the “Site”),

Through the fitness equipment made available by us for your use in workouts (the “Equipment”),

Through the software applications made available by us for use on or through computers and mobile devices (the “Apps”),

Through our social media pages and apps located at facebook.com/tonal-strong, twitter.com/tonal, instagram.com/tonal, and other social media pages that we control from which you are accessing this Privacy Policy(collectively, our “Social Media Pages”), and

Through HTML-formatted email messages that we send to you that link to this Privacy Policy.

Collectively, we refer to the Site, the Equipment, the Apps, and our Social Media Pages as the “Services”).

PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual or relates to you as an identifiable individual.You do not need to provide us Personal Information in order to the use the Equipment or other Services.However, if you create an account for the Services, Personal Information we may collect includes:

Name

Postal address (including billing and shipping addresses)

Telephone number

Email address

Credit and debit card number

Username

Unique identifier assigned to your Equipment

Equipment use history and metrics, including frequency and length of workouts, workout start and end times, exercises performed, the number of sets and repetitions for each exercise, the amount of weight lifted, your height and weight, age (date of birth), and gender or sex will be associated with your profile if you are logged in while using the Equipment

Fitness goals and preferences

Profile picture

Certain Personal Information from your social media account that you share with us if you connect your social media account to your Services account with us, including social media account ID, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your Services account

Other users with whom you may share Equipment

Other users with whom you connect and interact through the Services and information about your interactions

Information transmitted by third-party devices that you choose to connect to, and to share data with, the Equipment, Apps or other Services. For example, these devices may include heart rate monitors, wearable technology, and fitness accessories containing sensors.

Use of Personal Information

To send administrative information to you, such as changes to our terms, conditions, and policies, as well as marketing communications that we believe may be of interest.

To personalize your experience on the Site by presenting products and offers tailored to you, and to facilitate social sharing functionality.

To personalize your use of the Equipment by customizing workouts or other content.

To facilitate social sharing functionality that you choose to use.

To allow you to participate in sweepstakes, contests, and similar promotions and to administer these activities. Some of these activities may have additional rules containing information about how we use and disclose your Personal Information.

For our business purposes, such as data analysis, audits, fraud monitoring, and prevention, developing new products, improving or modifying our Services, identifying usage trends, determining the effectiveness of promotional campaigns, and operating and expanding business activities.

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Disclosure of Personal Information

Your Personal Information may be disclosed:

To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.

To allow third parties to offer or provide you goods and services through the Equipment.

To third-party sponsors of sweepstakes, contests and similar promotions.

By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials.Please note that any information you post or disclose through these services will become public information.

To your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity. By connecting your Services account and your social media account you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy.

To the owner of Equipment that you use, when you login to your account on Equipment that you do not own; in this case, the information shared with the Equipment’s owner may include your name, email, Equipment use history and metrics.

Other Uses and Disclosures

We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, to respond to requests from public and government authorities, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others. We may use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. Other Information we may collect includes:

Browser type and version

Mobile application phone type, version, and OS

IP address

Application usage data

Machine usage data

Information collected through cookies, pixel tags and other technologies

Demographic and other information provided by you that does not reveal your specific identity, or information that has been de-identified or aggregated in a manner that it no longer reveals your specific identity

Application version

Device identification number

Connected peripheral information

Motor data

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Collection of Other Information

We and our service providers may collect Other Information in a variety of ways, including:

Through your browser or device: Certain information is collected by most browsers or automatically through your computer, mobile phone, or other device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, and Internet browser type and version. We use this information to ensure that the Site functions properly.

App usage data: When you download and use the App, we and our service providers may track and collect data such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

Using cookies: Cookies are pieces of information stored on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other anonymous traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Site to continually improve its functionality, understand how it is used and assist us with resolving questions about it. We may also use cookies and other technologies in online advertising to track responses to our ads. We do not collect Personal Information about your online activities over time and across third-party websites or online services, and as a result, we do not respond to browser do-not-track signals.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies, or be given the choice of declining or accepting a particular cookie (or cookies) from a particular site. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Site.

Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about Site usage and response rates.

Analytics. We use third-party analytics services like Google Analytics and Crashlytics, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. These third-party analytics services may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/‌partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

IP Address: Your IP Address is a number that is automatically assigned to your computer, mobile device or Equipment by your Internet Service Provider.An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and, if applicable, the pages visited. We use IP Addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services.We may also derive your approximate location from your IP Address.

OUR ADVERTISING

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services. You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties.These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with the information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/. You may download the AppChoices app at aboutads.info/appchoices to opt out in mobile apps.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. Please review any third-party privacy policies to learn how they handle your Personal Information.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

CHOICES AND ACCESS

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by clicking the unsubscribe link contained in each such email or by writing to us at support@tonal.com.

If you would like to update Personal Information that you have provided to us, you may contact us in accordance with the “Contacting Us” section below. You can also review and update certain Personal Information by accessing your account settings for your user profile through the Equipment UI; this information includes your name, email address, height, weight, date of birth, and other user profile information such as images and videos you have uploaded to the Services.

If you are a resident of California, under 18 and a registered user of the Services, you may ask us to remove content or information that you have posted to the Services by writing to support@tonal.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of fifteen (15) and, we do not knowingly collect Personal Information from individuals under 15.

JURISDICTIONAL ISSUES

The Services are controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. The “Last Updated” line at the top of this page indicates when this Privacy Policy was last revised.Any changes will become effective when we post the revised Privacy Policy on the Site. Your use of the Services following these changes means that you accept the revised Privacy Policy. We encourage you to check the Site regularly to learn about changes to the Privacy Policy.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us at support@tonal.com.